Messages

1

Getty Images Letter Forum / Re: Can Getty sue someone outside the US?

« on: June 05, 2009, 08:24:59 PM »

what do you think about the following?

The Digital Millennium Copyright Act (DMCA) 1998 Section 512 plus:

The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."

"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."

Any comments?

2

Getty Images Letter Forum / Re: Can Getty sue someone outside the US?

« on: June 05, 2009, 08:16:35 PM »

Where can I contact you to arrange a letter of representation?

3

Getty Images Letter Forum / Can Getty sue someone outside the US?

« on: June 04, 2009, 04:53:11 PM »

Hi, I am the owner of a small web development company in the mexican border city of Nogales AZ, one of our clients got a letter from Getty Images about 3 days ago, the letter has the same text and format as many of the letters that people have posted on this forum. The thing is our client that got the letter, there company is based out of the border town of Nogales Sonora, Mexico but has a U.S.A. PO BOX address and U.S.A. phone number on there website along with the posted mexican address and mexican phone numbers; but basically everything gets trasfered into Mexico. Getty is demanding payment for 2 images that where purchased by us about 9 years ago by a stock photography company that is no longer in service to this date. Getty Images is demanding 1,000 dls per image, wich we think is ridiculous, because we got a price quote from Getty Mexico and each image sells for 4,265 MXN pesos, about 320 US dollars. Wich we might not have a problem in paying; as long as we get charged the MXN peso amount.


Questions

We already took the images down from the site, should we respond to Getty Images or just ignore it ?

In your experience would you think they would settle for the Mexican quote on there images?

Should we just wait for the second letter?

Should we just hire a lawyer to stop future direct harrasment by Getty or any collection agency?

Our client could just as well change there USA address and not have it posted on there website, it is not listed as a USA company
or is it doing businness in the USA, the USA address is just to received mail and the USA phone number (VoIP) is just to show accompany the US address.

What to do?  Has anyone with 2 images being sued?


Gustavo Sanchez
PC SONORA DE MEXICO
Noogales Sonora